BUDH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On information received by police on 11-9-85, the police party went to the field of Dewa Ram and found the accused petitioner distilling illicit liquor. The illicit liquor of 21/2 bottles was seized from the accused petitioner Budh Ram. 250 grams from the liquor seized was sent for chemical examination and after investigation, the accused was charged and tried u/S. 16/54 of the Rajasthan Excise Act, 1950. After trial, the trial Court has convicted the accused petitioner for six months rigorous imprisonment and a fine of Rs. 200/-. in default of payment of fine, one month's rigorous imprisonment. The petitioner preferred an appeal before the Sessions Judge, Sriganganagar. His appeal was also dismissed.

(2.) Both the courts have refused to give the benefit of Probation of Offenders Act, I959, on the ground that the accused is punished under the provisions of the Excise Act where the minimum sentence of six months and fine of Rs. 200/- is provided and as such, in their view, the case is not fit for giving the benefit of the Probation of Offenders Act to the accused.

(3.) The learned counsel for the petitioner has contended only in this revision that the benefit of S. 4 of the Probation of Offenders Act should have been given to the accused petitioner particularly so when u/S. 361, Cr. P.C. it was obligatory on the part of the Court to have recorded specific reasons for not dealing the case of the accused petitioner u/S 4 of the Probation of Offenders Act, 1958, and that the provision of minimum sentence under the Excise Act cannot be a special reason.